Special Education Private School Equitable Services

LEAs have an obligation to locate and evaluate students with disabilities enrolled by their parents in private schools located within the public-school district, and to spend a proportionate share of federal special education (Individuals with Disabilities Education Act or IDEA) grant funds providing equitable services for these students.  

Kansas defines a private school as: "an organization which regularly offers education at the elementary or secondary level, which is exempt from federal income taxation under section 501 of the federal internal revenue code of 1954, as amended, which conforms to the civil rights act of 1964, and attendance at which satisfies any compulsory school attendance laws of this state" (K.S.A. 72-3461(c)). The definition of private schools includes parochial schools. The definition of a private school in Kansas does not include any educational program prior to kindergarten. Therefore, children age 5 or under who are enrolled in a private preschool program would not be part of the child count to determine the proportionate share of federal funds. This means that the private school child count begins with students who have attained the age of 5 years and who are enrolled in a private school kindergarten. 

Kansas Special Education Process Handbook – Chapter 14: Children in Private and Parochial Schools 

This guidance document provides an overview of children with exceptionalities enrolled in private and parochial schools.

 

Child Find 


Schools must have policies and procedures in effect to ensure that all children with exceptionalities (those who have disabilities and those who are gifted) and who are in need of special education and related services are identified, located, and evaluated. This includes children who attend public or private schools, which are home schooled; are highly mobile including migrant and homeless, or are wards of the State. The child find requirement for schools applies to children ages birth through 21. Child find in Kansas involves a screening process for children from birth through age 5, and a general education intervention process for children from kindergarten through age 21 (K.A.R. 91-40-7; 34 C.F.R. 300.111(a)(c)). 

Child Find Fact Sheet (PDF) updated 2025 

This guidance document provides an overview of policies and procedures that schools must have in place to ensure that all children with exceptionalities are identified, located, and evaluated. 

Sample Public Notice (Child Find) (PDF) 

This document provides a sample public notice for special education child find. 


Questions about Private School Consultation: Brian Dempsey

Private School Consultation 

Each school district must annually consult with private school representatives and representatives of parents of parentally placed private school children with disabilities attending private schools within the school district during the design and development of special education and related services for parentally placed children. 

Affirmation of Timely and Meaningful Private School Consultation (PDF) 

This document is an affirmation of timely and meaningful private school consultation to be signed by public school officials, private school officials, and parent or representatives. 

Questions about Private School Consultation: Brian Dempsey

Private School Proportionate Share Report  

LEAs have an obligation to locate and evaluate students with disabilities enrolled by their parents in private schools located within the public-school district, and to spend a proportionate share of federal special education (Individuals with Disabilities Education Act or IDEA) grant funds providing equitable services for these students. LEAs complete an annual report on private school participation.  

Private School Proportionate Share FAQ Document (PDF) 

This guidance document provides an overview of IDEA private school proportionate share. 

Questions about Private School Proportionate Share Report: Helen Swanson